N.J. DCA Landlord/Tenant Information Series — (English)

Citation: N.J. DCA Landlord/Tenant Information Series — (English)
Jurisdiction: New Jersey (state)
Source: Official source
Original Source: https://www.nj.gov/dca/codes/publications/pdf_lti/t_i_r.pdf ↗

Related Parts of This Source

Full Text

1,509 chars

seq.) requires private potable wells
to be tested in accordance with the law. All landlords of property supplied by a private potable
well must provide a copy of the test results to all tenants of the property. Testing is required at
least once every five (5) years. The landlord is required to provide a copy of new test results to
each rental unit within 30 days of receiving those results. Any new tenant of a rental unit is to be
provided a written copy of the most recent test results by the landlord (N.J.S.A. 58:12A-32). The
New Jersey Department of Environmental Protection will notify local health authorities of failed
well tests. For further information or questions about the Private Well Testing Act, contact the
New Jersey Department of Environmental Protection (NJDEP), 401 East State Street, Post Office
Box 426, Trenton, New Jersey 08625-0426, (609) 292-5550.
Remedies if the landlord fails to maintain the property in a habitable condition
1. Repair and Deduct
If the landlord does not keep the premises in a habitable condition, a tenant may repair any vital
deficiencies and deduct the amount of the repair from the rent. The landlord’s failure to maintain
the property could also lead to what is called a constructive eviction by the tenant (see below for
explanation). The tenant may seek rent abatement (a reduction in rent) or withhold the rent or a
portion of the rent if the property is not habitable (Marini v. Ireland, 56 N.J. 130 (1970); Dowler
v. Boczkowski, 148 N.J. 512 (1997))